In the end, this would be a completely worthless case. It would be based on what could possibly, potentially happen. Maybe we should arrest people who look rather suspicious from the get go and just charge them with murder from the get go because they look like they could potentially do it. Give me a break. This sounds like many here have said, as nothing but a desperate attempt from a floundering company to get free publicity.
MSE is an optional update and what's more, it's not even checked off by default. Most people (average joe) don't even look at updates, they just let the computer automatically do it and that means MSE would never be installed as it's not set to automatically install. People are given the choice. MS knows not to push AV out automatically as vendors would cry anti-trust immediately. And what's more, there are certain disk management components within Windows that were made by the Veritas Corporation. This company has now been purchased by Symantec; Microsoft knows not to anger Symantec who is an AV vendor as otherwise, they could not license this component (storage management components of Windows NT and its successors) so I'm not really all that concerned that Microsoft would try to push MSE out for free automatically to people's machines otherwise, they'd just be shooting themselves in the foot.
Seems to be a case of Panda simply crying foul and wanting to make themselves a customer base out of someone else's customer base.